contracts sixth edition chaper 10 section e

In which of the following cases did the court state that even if a breach of contract is deliberate, it is not necessarily blameworthy and thus may not justify a punitive damages award?
A Wedner v. Fidelity Security Systems, Inc. B Kvassay v. Murray C Patton v. Mid-Continent Systems, Inc. D None of the above.

 

The reasonableness of a stipulated damages clause is determined by all of the following factors except
A what are the considerations of judicial economy? B did the parties intend to provide for damages or for a penalty? C is the injury caused by the breach one that is difficult or incapable of accurate estimation at the time of contract? D are the stipulated damages a reasonable forecast of the harm caused by the breach?

 

Which one of the following criteria is not considered by a court in distinguishing a valid liquidated damages clause from an invalid penalty clause?
A Whether the parties intended to provide for damages rather than a penalty. B Whether the injury caused by the breach was uncertain or difficult to quantify. C Whether the sum stipulated was a reasonable pre-estimate of the likely loss. D Whether the sum stipulated was expressed by a liquidated sum.

 

In which one of the following cases did the court find that the trial court used an impermissible factor in assessing whether a liquidated damages clause was reasonable?
A Patton v. Mid-Continent Systems, Inc. B Kvassay v. Murray C Wassenaar v. Panos D Wedner v. Fidelity Security Systems, Inc.

 

 

Which one of the following statements is not correct regarding the efficient breach theory?
A Damages for mental distress and the time and effort to find a substitute performance are not compensable. B It assumes the absence of transaction costs. C The rules of contract damages often fail to compensate for all the losses of the party injured by the breach. D The business community accepts the theory as a valid justification for willful breaches.
In Wassenaar v. Panos, the court stated all of the following except
A stipulated damages allow private parties to perform the judicial function of providing the remedy in breach of contract cases. B considerations of judicial economy and freedom of contract favor enforcement of stipulated damages clauses. C private law, not public law, ordinarily defines the remedies of the parties. D stipulated damages substantially in excess of injury may justify an inference of unfairness in bargaining

 

 

In which of the following cases did the court state that the name given to a damages cause by the parties has only slight weight, but that the controlling elements are the parties’ intent and the case’s special circumstances?
A Patton v. Mid-Continent Systems, Inc. B Wedner v. Fidelity Security Systems Inc. C Kvassy v. Murray D None of the above

 

In Patton v. Mid-Continent Systems, Inc., the court stated all of the following except
A liability for breach of contract is not strict liability. B if a promisor discovers that his performance is worth more to someone else, efficiency is promoted by allowing him to break his promise, provided he makes good the promisee’s actual losses. C even if a breach is deliberate, it is not necessarily blameworthy. D not all breaches are involuntary or otherwise efficient.